Sonu S/O Sudhakar Mohurle And 2 Others. v. The State Of Maharashtra Thr. Pso Ps Gadchiroli, Dist. Gadchiroli

2024:BHC-NAG:5013

(1) 8.aba.230.2024

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.230 OF 2024 Sonu s/o Sudhakar Mohurle and others Vs.

State of Maharashtra, Through Police Station Officer, Police Station Gadchiroli, District Gadchiroli ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Rajnish Vyas, Advocate for applicants.

Mr. Nitin Autkar, APP for respondent/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 26 /04/2024 1.

Apprehending the arrest at the hands of police in connection with Crime No.256/2024 registered with Gadchiroli Police Station, District Gadchiroli for the offence punishable under Sections 188 of the Indian Penal Code and Sections 65(a), 83 and 98 of the Maharashtra Prohibition Act, the applicants approached this Court for grant of pre-arrest bail.

2.

While preferring the application, the learned Counsel for the applicants was informed that the marriage of the brother of the applicant Nos.1 and 2 is scheduled and therefore, they be protected by granting ad-interim protection.

3.

Learned Counsel Mr. Vyas for the applicants today fairly submitted that the information

(2) 8.aba.230.2024 provided to him was false and the fabricated wedding card was supplied to him, he filed the affidavit to that extent. It is submitted by him that the said documents were forwarded to him on WhatsApp which he filed on record. Subsequently, it revealed to him that no marriage was in the family, but these documents were fabricated and forwarded to him and on that aspect he has made submissions before this Court and Court has considered the same, but subsequently, this appears to be false, and therefore, he prayed for the discharge.

4.

Learned Counsel Mr. Uday Changle appeared for the applicants and submitted that he begs apology of this Court and seeks permission to withdraw the application.

5.

Considering the conduct of the applicants who only for securing the protection from this Court forwarded the forged documents to the learned Counsel, on which Counsel relied upon and subsequently, it revealed that no marriage was in the family. Thus, the applicants have played fraud on the Court to seek relief from the Court and therefore, even simplicitor withdrawn is not permitted, but the applicants are permitted to withdraw the application subject to the costs of Rs.10,000/- (Rs. Ten Thousand).

(3) 8.aba.230.2024 6.

The applicants shall deposit the said costs in this Court within two working days.

7.

The application is disposed of as withdrawn.

8.

Registry to verify if in future the application is filed for grant of bail regarding the contents of the application and whether they have mentioned regarding the previous application filed before this Court.

(URMILA JOSHI-PHALKE, J.) Sarkate